DISEASES ARISING FROM LAMENESS. 65 



them proceed from, or give rise to, such alteration of struc- 

 ture as will undoubtedly impair the animal's future useful- 

 ness. If a horse is warranted sound, and after sale throw 

 out a curb, that does not constitute a breach of warranty ; 

 but if it be proved to have existed at the time of sale, a 

 horse could be rejected on a general warranty of sound- 

 ness, (a) Contracted hoof, too, has been held an unsound- 

 ness, when accompanied by a manifest alteration of structure, 

 or inflammation of the foot.(6) Again, mere thinness of sole 

 does not constitute unsoundness if it does not produce lame- 

 ness, (c) There are, however, a large number of minor ail- 

 ments which a horse may suffer from at the time of sale, and 

 yet be perfectly sound in a few days after. These disorders, 

 which in their aggravated forms culminate in lameness, such 

 as wind-galls, thorough-pins, contracted feet, mallenders and 

 sallenders, bog spavin, broken-knees after the wounds are 

 completely healed so as to leave no after effects,(cO and the 

 like, may, or may not, constitute unsoundness, according to 

 the degree of virulence of the complaint. Thus, a party 

 bought a horse, at a price implying soundness, and sold him 

 a nionth afterwards to another, who returned him as lame, 

 and it was proved he had been " hoof-bound " for, at least, a 

 year ; he was found liable in repetition of the price, and 

 entitled to repetition from the original seller.(e) Thrush has 

 been held an unsoundness.(/) Corns, when gravelled and 

 suppurating, amount to unsoundness. ((/) Crib-biting and 

 wmd sucking, when so inveterate as to cause injury to the 

 digestive system, would appear to indicate unsoundness ; (h) 



(a) Broion v. Elkinrjton, 1841, 8 M. and W. 132. 



(6) Grecnway v. Marshall, Ex. Sitt., 9th Dec, 1845, cit. Oliphaiit, 81. 



(c) Baiky v. Forrest, 1845, 2 C. and K, 131. 



(d) Broken-knees before the wounds are healed usually constitute uusound- 

 ness ; and even afterwards, if the utility of the horse be impaired. 



(e) Ewart v. Hamilton, 1791, Hume, 667. , r,- i 



/) Ralston v. Rohb, 1808, 14 F.C. 251 ; M. Sale, Appx. 6 ; see also i^^Aer v. 

 Ure, 1846, 9 D. 17 ; Jardine v. Gamphdl, 1806, 14 F.C. 253, M. Sale, Appx. 6. 

 (J) /7«m;Z<o« V. /7«r-<, 1830, 8 S. 596. ziqi-ith 



(h) Basset v. Collis, 1810, 2 Camp. 522 ; Broenenhurjh v. Hcnjcod; 181 <, 1 111. 



116 ; Holt, N.P. 630. 



r 



